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Question regarding drug paraphernalia possession charge in Ohio

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j1622

Junior Member
What is the name of your state (only U.S. law)?

Ohio

I have a bit of an interesting problem. My younger brother, 20 years old, 100% clean record, was pulled over last night for his license plate light being burned out (he wasn't aware/had never been cited for it before).

He's never been in trouble before, and he aspires to be a law enforcement officer when he turns 21, and has had such aspirations for years. As such, he's always very respectful and trusting of the police.

Anyway, when he was pulled over, the officer noticed he had a 12 pack of beer in his back seat in plain view. No cans were opened, even the packaging wasn't open. When the officer asked what it was doing there, in his typical trusting manner, he responded with, "Sir, I'm not going to lie to you, it does belong to me. I bought it at xxx at yyy time. I was on my way home and after the shifts I've been working I just wanted a beer. I never drink and drive and I never drink to get drunk, I just like the taste of a beer now and then."

The officer asked to search his vehicle, and knowing he had no reason to object, consented to the search. Well, here's where the problem comes in. Apparently one of his friends or someone else that had been in the car had left a marijuana pipe in there, and it had slid under the passenger side seat unbeknownst to my brother.

When the officer showed it to him, he was obviously devastated. He's never touched drugs in his life and firmly believes against them, both due to moral objections and because his entire career focus is around becoming a cop. He's even studied law books and gone on ride-alongs with local department officers doing as much research as he can in preparation for the academy. I've even seen him go so far as to the one friend he had that smokes marijuana, when my brother found out about it, he refused to let him in our house/his car any longer when there was even the suspicion that he was high. He's really, really straight laced in this regard.

The end result was that he was given 2 citations: 1 for possession of drug paraphernalia and 1 for the burned out license plate bulb.

So, my question is this (my apologies for the diatribe): he has a court date on Thursday -- what is the best, and worst case scenario he can expect?

I'll be consulting our family attorney on Monday to hopefully obtain legal representation for him, but will this preclude him from being a cop? For his absolute first offense of any kind, and it only being a pipe that was found and no actual drug content, how likely is the potential for jail time?

In our state, paraphernalia charges carry up to 30 days and $750.00 fine according to a random google search, but I know that's simply the maximum and not necessarily indicative of the actual end result.

I do appreciate any insight anyone may have. He's a good kid and a good outlook on life and high aspirations for himself, I'd hate to see his goals crushed because of something stupid someone else dropped by accident.

Thanks for your time,

-MichaelWhat is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
He's lucky he wasn't also charged for the alcohol violation.

What makes your brother think that the law enforcement profession wants someone who has absolutely no respect for the law ?

Jail time isn't likely likely, but convictions are going to take a minimum of some explaining when he goes for any security related job.
 

ERAUPIKE

Senior Member
What alcohol violation?

Is there a way for him to take a drug test to prove that he's not a stoner?
Possessing alcohol under the age of 21 is illegal. He wasn't charged with "being a stoner", he was charged with being in possession of a pipe. He is guilty and will find entering law enforcement much harder now.
 

j1622

Junior Member
He's lucky he wasn't also charged for the alcohol violation.

What makes your brother think that the law enforcement profession wants someone who has absolutely no respect for the law ?

Jail time isn't likely likely, but convictions are going to take a minimum of some explaining when he goes for any security related job.
he's never touched drugs, and he's going to pay out of pocket for his own drug test tomorrow to prove that. Plus, his work does random drug testing and he's been at his current position for 2 years, so he has that going for him.

Possession of a 12 pack of beer at age 20 (4 months from 21) isn't really a lack of respect for law; sure, it's bending the rules, but if you can fight and die for your country at 18, you should be able to have a beer once in awhile, but that's just my opinion. And for him, that's all it ever is - one, once in awhile, and he always makes provisions never to drive for 24 hours after he's had one, which is more than I can say for a lot of young people I encounter these days.

Thanks for the advice folks.
 

ERAUPIKE

Senior Member
he's never touched drugs, and he's going to pay out of pocket for his own drug test tomorrow to prove that. Plus, his work does random drug testing and he's been at his current position for 2 years, so he has that going for him.

Possession of a 12 pack of beer at age 20 (4 months from 21) isn't really a lack of respect for law; sure, it's bending the rules, but if you can fight and die for your country at 18, you should be able to have a beer once in awhile, but that's just my opinion. And for him, that's all it ever is - one, once in awhile, and he always makes provisions never to drive for 24 hours after he's had one, which is more than I can say for a lot of young people I encounter these days.

Thanks for the advice folks.
Your opinion lacks any real logic and reeks of personal bias. Where is the cutoff for simply bending the rules and blatantly breaking the law? He is obviously not the responsible young man you paint him to be. He is hanging out with individuals who choose to use illegal drugs.

He was not charged with using drugs. He was charged with being in possession of drug related paraphernalia which he is unarguably guilty of. He can waste all the money he has on every drug test and polygraph available but that will not change the location that the pipe was found.
 

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